The System Response to Juvenile Sex Offenders

1. The System Response to Juvenile Sex Offenders Guardian ad Litem Training Institute December 7, 2012

2. Presenters • Peggy Flaig-Hellier, Scott County Attorney’s Office • Cory Grewing, Dakota County Probation • Brian K. Moss, State Public Defender • Hal Pickett, Headway

3. Juvenile System • Age of offender, more so than age of victim, controls • More focus on rehabilitation/programs • Unless serious offense, punishment likely limited to treatment, possibly a brief incarceration • Police refer juvenile felony, gross misdemeanor, misdemeanor, petty misdemeanor and status offenses • Applies to offenders aged 10-17

4. Juvenile System • Purpose is to promote public safety, reduce juvenile delinquency and develop individual responsibility for lawful behavior • “This purpose should be pursued through means that are fair and just, that recognize the unique characteristics and needs of children, and that give children access to opportunities for personal and social growth.” • Rule 1.02, Minnesota Rules of Juvenile Procedure

5. Juvenile System • Victims Rights Statute (Minn. Stats. 611A.01-06) applies (including right to be present at court hearings with support person) • Hearings are open (as are most court records) to the public if offender is age 16 or 17 and charged with a felony • Juvenile court has jurisdiction until offender’s 19th birthday

6. Juvenile System • Detention hearing (age 10-17, non-petty offender) • Court determines likelihood that juvenile will stay under care/control of parent/guardian; likelihood that juvenile will harm self or others; likelihood that juvenile will not appear for court hearings; and health/welfare of juvenile • Other detention options include foster care, electronic home monitoring, house arrest • Hearing must take place within 36 business hours of arrest • If held in detention, court must review every 8 days

7. Juvenile System • Process is similar to adult court, but terminology and time frames might be different • Juveniles have the right to counsel for misdemeanors, gross misdemeanors and felonies and also anytime out of home placement is being proposed • attorney reps juvenile, not parents • Initial hearing and trial take place in the county where the offense occurred • Disposition (sentencing) occurs in the county where juvenile lives • Juveniles typically have a court trial (judge decides). • Under very limited circumstances juveniles may choose a jury trial

8. Juvenile System • Types of Proceedings • Detention hearing (if applicable) • First appearance (arraignment) • Omnibus (constitutional issues) • Pretrial (trial issues) • Trial

9. Juvenile System • Disposition/Sentencing: • Occurs in county where juvenile lives • Pre-Dispositional Report prepared by probation • “Adjudicated Delinquent” instead of convicted • Probation with specific conditions and time frame although “indeterminate probation” is allowed • Placed in secure or non-secure juvenile facility • Placement usually involves treatment • Victim still has opportunity to address the court

10. Juvenile System • Psychosexual Evaluation • Court-ordered or juvenile’s family arranges it • Impact on decision-making • Approximately 3-4 hours • Consider risk to community, juvenile’s mental health assessment, medical history and family history • Sexual history (no parent present; dependent on age; questions about fantasies, attractions, internet use, masturbation, sexual abuse history) • Testing (JSOP, IQ, SKAT, etc.)

11. Juvenile System • Extended Jurisdiction Juvenile Option (EJJ) • Juvenile commits crime that would be a presumptive commitment to prison if committed by an adult • Extends jurisdiction of court until offender’s 21st birthday • A “blended” sentence with a juvenile disposition and also an adult sentence hanging over defendant’s head if noncompliant with juvenile disposition conditions • Defendant has right to a jury trial because of potential prison sentence down the road

12. Juvenile System • Adult Certification • A process to have juvenile treated as an adult • Age 14 or older and charged with a felony offense • A certification study completed by Court Services • Hearing in front of a judge who must decide if juvenile should be certified as an adult • If certified, transfer case to adult court where, if convicted, juvenile will receive an adult sentence (also if convicted of the charged offense or another felony, all subsequent crimes committed by the juvenile will go to adult court)

13. Juvenile System • Presumptive Certification • Defense must convince judge not to use this option • If not certified, case will be EJJ • Reserved for very serious cases

14. Juvenile System • Non-presumptive Certification • County attorney must convince judge that certification is in best interest of public safety (by standard of clear and convincing evidence)

15. Juvenile Offenders • Factors used to determine certification or EJJ • Seriousness of the offense (aggravating factors) • Culpability • Juvenile’s prior record • Juvenile’s programming history • Adequacy of programming or punishment • Dispositional options available

16. Juvenile Sex Offenders • Unique challenges connected with sexual assault cases in juvenile system: • Consideration of offender’s age, developmental capacity and history • Consequences/treatment do not necessarily depend on level of offense charged or adjudicated • Consideration of “collateral consequences” of adjudication • Victim issues and victimization issues

17. Juvenile Sex Offenders • Offender’s Age, Development, History • Person as young as 10 can be charged in juvenile court • Younger offenders are more difficult to charge and treat • Some youth have cognitive deficits/significant behavior issues beyond the sexual conduct • Ability of juvenile to understand charges, consult with his/her attorney, participate in his/her defense • Consider youth’s prior history in juvenile court, including involvement in the child welfare system • This history affects how all parties view the juvenile’s conduct

18. Juvenile Sex Offenders • Consequences/Treatment do not necessarily depend on level of offense • Availability of treatment and likelihood of rehabilitation are key considerations, together with public safety • Disposition (sentencing) usually has more options than in adult cases • Youth under age 14 do not acquire a criminal history score point for any offense

19. Juvenile Sex Offenders • Collateral consequences of adjudication • If adjudicated delinquent for any felony-level criminal sexual conduct offense then must register as a predatory sex offender for 10 years (does count time on probation) • Registration based on offense level, not age of juvenile • If not adjudicated delinquent, probation can last no longer than 180 days • Licensing, education, employment issues • Impact on charging and case negotiation

20. Juvenile Sex Offenders • Types of Disposition • Continuance for dismissal (up to one year on probation; no registration) • Stay of adjudication (up to 180 days on probation; defense request; potentially no registration) • Adjudicate (probation can extend up to age 19 and registration required) • Out of home placement • Child welfare services • Fines • Letters of apology • Treatment (psych, drugs, family, etc.)

21. Juvenile Sex Offenders • Victim Issues and Victimization Issues • Juveniles who commit sexual offenses against family members • Is parent of offender also parent of victim? • Is perpetrator the child of a close family member or friend? • How might involvement of child welfare system impact the juvenile case? • Perpetrators are often victims who do not disclose until they are caught offending; depending on offender’s age and the offense, this could affect charging and pleas • Victims are often children • These cases present the same challenges with proof issues as in adult cases

22. Juvenile Sex Offenders • Certification for Sexual Offenders • More likely if victim is a stranger or offender is close to age 18 • If juvenile is 16 or 17 and charged with CSC 1 or CSC 2 (except when charge is based solely on age difference) certification is presumed; if no certification then EJJ • If juvenile is under 16 and charged with any felony level CSC then certification is not presumed; if no certification then either EJJ (if state proves by clear and convincing evidence this serves public safety) or prosecuted as a juvenile in juvenile court

23. Juvenile Sex Offenders • EJJ for Sexual Offenders: • Might see this when offender is under 17 and offense involved force/coercion or multiple acts • For juveniles age 16 or 17 charged with CSC 1 or CSC 2 (except when charge is based solely on age difference) then EJJ required if certification is denied • For juveniles under age 16 and charged with any felony-level CSC, EJJ is not presumed; State is required to prove by clear and convincing evidence it serves public safety • Revoke probation if terms of probation are violated or juvenile commits a new crime

24. Juvenile Sex Offenders • Supervision • Estimated risk level • Psychosexual evaluation • Communication • Working with treatment providers • Building social skills and social participation (avoid isolation, build self-esteem) • Intrafamilial case challenges • Collateral consequences (jobs, school, etc.) • Violations

25. Juvenile Sex Offenders • Treatment • Positive psychology model • Group therapy • Individual therapy • Identifying strengths • Identifying triggers • Mental health and trauma history • Family reunification

26. Juvenile Sex Offenders • Working with GALs • Prosecution • Defense • Probation • Treatment

27. Juvenile Sex Offenders • Nationally, juveniles under the age of 18 make up just under 20% of those arrested for sex offenses. Each year, there are approximately 2,200 arrests of juveniles for forcible rape and an estimated 9,200 arrests of juveniles for other types of sex offenses. More than 90% of the juveniles who are arrested are male. • In general, juvenile sex offenders appear to have lower recidivism rates and perform better in treatment than adult sex offenders. Reoffending rates for youth over several years are approximately ten percent. • Sources on next slide . . .

28. Sources from Center for Sex Offender Management Alexander, M. (1999). Sex offender treatment efficacy revisited. Sexual Abuse: A Journal of Research and Treatment, 11, 101–116. Becker, J. V., & Hunter, J. A. (1997). Understanding and treating child and adolescent sexual offenders. In T. H. Ollendick & R. J. Prinz (Eds.), Advances in clinical child psychology (pp. 177–197). New York: Plenum. Caldwell, M. F. (2002). What we do not know about juvenile sexual reoffense risk. Child Maltreatment, 7, 291–302. Chaffin, M. (2006). Can we develop evidence–based practice with adolescent sex offenders? In R. E. Longo & D. S. Prescott (Eds.), Current perspectives: Working with sexually aggressive youth and youth with sexual behavior problems (pp. 119–141). Holyoke, MA: NEARI Press. Fanniff, A., & Becker, J. (2006a). Developmental considerations in working with juvenile sexual offenders. In R. E. Longo & D. S. Prescott (Eds.), Current perspectives: Working with sexually aggressive youth and youth with sexual behavior problems (pp. 119–141). Holyoke, MA: NEARI Press. Federal Bureau of Investigation (FBI) (2005). Crime in the United States, 2004: Uniform crime reports. Washington, D.C.: U.S. Department of Justice, Federal Bureau of Investigation Hanson, R. K., & Bussiere, M. T. (1998). Predicting relapse: A meta-analysis of sexual offender recidivism studies. Journal of Consulting and Clinical Psychology, 66, 348-362. Hanson, R. K., Gordon, A., Harris, A. J. R., Marques, J. K., Murphy, W., Quinsey, V. L., & Seto, M. C. (2002). First report of the collaborative outcome data project on the effectiveness of psychological treatment for sex offenders. Sexual Abuse: A Journal of Research and Treatment, 14, 169-194. Prentky, R. A., Knight, R. A., & Lee, A. F. S. (1997). Risk factors associated with recidivism among extrafamilial child molesters. Journal of Consulting and Clinical Psychology, 65, 141–149. Prescott, D. S. (2006). Risk assessment of youth who have sexually abused: Theory, controversy, and emerging strategies. Oklahoma City, OK: Wood & Barnes Publishing. Righthand, S., & Welch, C. (2001). Juveniles who have sexually offended: A review of the professional literature. Washington, DC: Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. Weinrott, M. (1996). Juvenile sexual aggression: A critical review. Boulder, CO: University of Colorado, Institute for Behavioral Sciences, Center for the Study and Prevention of Violence. Worling, J. R., & Curwen, T. (2001). The ERASOR: Estimate of risk of adolescent sexual offense recidivism. Toronto, Ontario, Canada: SAFE-T Program. Zimring, F. E. (2004). An American travesty: Legal responses to adolescent sexual offending. Chicago, IL: University of Chicago Press.

29. MNCASA • Sources include materials developed by MNCASA, the speakers, Janelle Kendall, Kate Richtman and Stacy St. George • Caroline Palmer, Staff Attorney • caroline@mncasa.org • www.mncasa.org

30. Thank You! • Peggy Flaig-Hellier • phellier@co.scott.mn.us • Cory Grewing • cory.grewing@co.dakota.mn.us • Brian K. Moss • brian.moss@pubdef.state.mn.us • Hal Pickett • hal.pickett@headway.org